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Conflict of Laws and the Internet

Pedro de Miguel Asensio

The ubiquity of the Internet contrasts with the territorial nature of national legal orders. This book offers a comprehensive analysis of jurisdiction, choice of law and enforcement of judgments issues concerning online activities in the areas in which private legal relationships are most affected by the Internet. It provides an in-depth study of EU Law in this particularly dynamic field, with references to major developments in other jurisdictions. Topics comprise information society services, data protection, defamation, copyright, trademarks, unfair competition and contracts, including consumer protection and alternative dispute resolution.
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Chapter 2: INFORMATION SOCIETY SERVICES, INTERNAL MARKET AND ILLEGAL CONTENT

Pedro de Miguel Asensio

Extract

This chapter addresses the position of online service providers in the light of the EU harmonization rules on e-commerce and the legal framework concerning the cross-border provision of such services. The concept of information society services provider in the context of the collaborative economy and its internal market implications are discussed. The country of origin principle and its interplay with the general choice of law rules are also analysed, including its implications on the liability regime applicable to platforms and other intermediaries. Jurisdiction and choice of law issues posed by the dissemination of unlawful content over the Internet and other related torts are also addressed in detail.

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